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Exh 8BAGENDA ITEM #8B FEBRUARY 12, 2001 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Application for Use-by-Exception to operate a Cremation Service at 157 Levy Road. / , SUBMITTED BY: George Worley, Community Development Director ~ /~/~ DATE: February 2, 2001 BACKGROUND: The applicant desires to operate a cremation business in an existing structure at 157 Levy Road, in the ILW zoning district. The business will provide for the cremation of human remains with minimal viewing and memorial services. The applicant has proposed to provide adequate parking and esthetic improvement of the site and of the existing building. The proposed use is not listed as permitted, or permitted by exception in any zoning district. However, funeral homes are permitted in the CG district. BUDGET: None. RECOMMENDATION: After review the providirle the number ofparkine snaces as per 24 161(8)(12)• and meetirl;7 the landscapine provisions of Section 24-177. ATTACHMENTS: 1) Application for Use-by-Exception 2) Staff Report to the Community Development Boazd 3) Minutes ofthe Community Development Boazd Meeting of 12/19/2000 REVIEWED BY CITY pnwlui~~ ot" i,. 2tC wppl3otiYtrt •* ~tur- a - .uthorisrd rq(Ma~=dam; "4ta~it~~;„ y tt ~ A lioatl~ary eQ~nt or trove. eppl! AGENDA ITEM #SB of the property ba proeeeeed •ture. ACE~DA ITEM M88 - ~ _. _ FEBRUARI' 12, 2001 v. ~ - ~ - _- ®DWAL COUNTY CREMATION SOCIETY Inomdodl.lan: Crematory services for the Beneral public, fwterat hortres and actuation services Maiotam oro d a family's loved ms for aematioa Mate crematory service acorns available diva m the public Flrfurto aematiom locally, an site, with the availability for families to be prrsent for cremation. P!d'orm ethical and dignified cremation practioa in our caatnt,m;ty. Ora family has been in the funeral and aematim y far muse than 47 yeah and directly in tIx cremation industry for appraatmatety 21 yeah Our eompmy bar been tmolved`with vostloos fields d aematiaa for nsary years and directly relaxed to the cremation iadtatry is the JadooaviIIe and bmchet seen tar almost 7 year>_ The egtnpsrtent ve tree for aemalim is designed and mamdaatRed by a company located in Apoplri, Florida, Industrial Fqugaoerd and Engineering Camparty. ~1r' which hat brm deaigtmla, mamdacmriug and ittalalling cremation syuetns fur over 50 years. They are reoogoiae~d s the lesdtr is crmtacen etaaiporatt with over 3,200 installatiooa througltwt the United States sad SO catmtrtea. Theft eg4ipmtmt designs bava bum geaaoed thtited States patients and have been adopted as iatlrlry wsdotds for pedarmaocy and gootity:' Fadustrid and Eogtoeertng u the latgrx and most dependable service orgaeizatien far aematiee ~gtripmaltia tha world. We aperaxe egaiprtrcd momficmred, serviced and maituained bf F~utrial Pquipmerrt and F..rtginete~ beeaotc;Q tlStit' ~Ti.9rYlt9 ~ndardt allowing crmnatim operation withan odor, amdoe or detexxim elitttimiting bypwdtss~.lti odbrdmiag,! arpua6on procwa : The tsematay we tax is [lildmstieers Latboratoritx (UL)1[gett~isllit:h ~ d 1. egnipmern and the general walGee atttr oomrotmity. The agnipmmt opxiat~t.ttimotaai~aliytjxe~tamly topervidag the operatim. safeguarding agauott poludm sad eavironmmtal ~ Each cycle lima is appsatanatety 2 boors with a maximum d 3 cycles per day. Thor mvuoommtal services for 1)tml County. the Dspastmsnt d l.svitoo®eotal Rooec>ion. must permit and inspect each wed every txmaxory ittusllatiort bdon wry, aptttaMao ettthregttipsitmcaod reinspect the aquipotrnt aparation, witbcut netifiatico, at the Department dPav&antneot'al'Rtaeeetlon'/(BeAr?s"tHsetetion b roaiotaia proper state and county operating standards. We aro also impeaad b! thr]9oard dBtuideas led Ptdeesioeal Regulatim sad the Hoard for Funeral Ditecxors and F.~.~merty without aaaoaoomee»" for licensed operating staadaz+ds fo rmintain that al I human remains in thtt'ate d otv company aR kept is a rdpectlW and digu~ed manner demandiug maximum protection d the deceased Som wry ooerJvtal praaitxs 52'pe+oent daemmtoria installed ehrooghote the FJahed Stain ors located near censeoeries, with 11 percem located in fitasral hentt settiugts (tttben, lrght otanmmriala ,TAtc 6aBMoea d 37 peteatt d CteIDatney Iacatrons are Iecated al situ in an indmrnial setting where atlser indmtriatlmdbttaiheree:npinec~'As }nor tmght funeral homy are located in densely popolalsd reddetttial oommtmitfea iod.the Cemmry aw,iee fl ~enlly oooaidered m be an exoerrsioo d zoning by man zoning tegdatieon and ri>~atYnxritix . In t~tien ate me the lat®att mam~cd tYelmetlort ogttfpmto! is IQarth America who has installed mare than 7Q psromrt d equipment mam~ciaretC 1rt utidief~al oa~ueiWi v+ttit:js npvalea tttldetecxed by the tatrtomtding ntegltbo~ood The peromt d erematioaia tltie aooaCY:i~pptorim~lly' 44 pttroeat with over 5.689 aeatation. authonmd try for 13uvat Cagty Diauia Rtedia! F.xamirtst'~ etBcr-:its aoruotumsu+iq alone riaee May 1999. The projectiotn ooosptlafed by the olHecd Ytat 9tti0sdes ate tlnt asmnstian will gtar within the next Den years to 4s to 52 percent As you can sae . it is vitally impamd that asmasory servlas be lecaily available do residences d the oommuniry and public s the Doers, deataads and the popularity d erematoo u and will t to rise. ~~~~~ I.iaased Direct Disposer. 4202 Baynrlwdowt Road, Jacbmville Plaids 32257 (90~ 730 - 5080 :a :~s.::..,..w:. AGENDA ITE]i #8B - - - - FEBRtiARY'12, 2001 /'I1DI798 OF RACT I .. 3. InOr•rt and •Srawto peop•rty.aad proposed PIS Ito atruetar•s`ia.adagesls. ' Mrtietlalar rterwtea !s ade to atiteaetiw- aed ps/aitriae salty sae oenwniettee, ' eratiie tlse. asd Sawtrel aid aoa•s Sal wet O! ataetrOplle/ - ~_ -_- Z. Ott-street. parkity/ aed loadiae is ad•grat•. Partiealar` atteatlea'is.paid~tOs-tJSe Stess in 1. above est tne- deowsste..`' seis•r"+- lire aad ewer •i!•ob ol•.itbe ep•etai eap/tios m _ad~eiaitq '' propartlas ;aad pseper~ies~' «aterally Sa tb• d1•triett "~ ~ ~_ ___ 9. Leeatieas e! - e•!aw atd wswiw ar•aa are ooapatlDl•-eitA'snrseewrlM paperliN ae/ are wily aaeewi6l•. -.. - -~ --- 4. Loeatletts. a~ailartilit~ sttd eeepatiDility at ;.tilitias are ed•quet•. ~ -- --- 3. Trpa, diteaaioes esd abarso!•r a! sosa•aint/ and butt•rinp are adegwte. --- i. Sign. .ad prooo..dl •steri•s lialtlinO, rich rateratwe M.'Olere "ind'treliid aelety are is nareeey enders eedPatibldtitA otlrr: properties in tW district. --_ --- 7. Repaired _ ytrQ• anti MAer qMn /Mae are adegwte. ~ --- ai. Tn. ase !s 8•naraliy essp•tiblr vitA adlaaeae properties asd oaMr prtpseetr in the disRriot. ~ --- COMltUN2T! OnildlRl>!T /OARO >Ifpl~T AtD tLL~iNDATIOItJts ACTIOIIS aT TAt CITY t:OMwIf/IO1t AGENDA ITEM N8B FEBRUARY 12, 2001 DUVAL .COUNTY CREMATION SOCIETY 1, Ingress. and agrees to property is adequate is front of building (south end} and on the west -side of building. There is an enormous amount of room for trsitic flow in and out of property. 2. Off street parking is enclosed by a $ foot privacy/security fence enclosing approximately -2920 feet of enclosed parking for employees and loading/unloading. The fence is designed to reduce noise and glare. There is no odor associated with the operation that will affect any properties adjoining or in the general district. 3. Refuse service will be retained by l3FI and the refuse container will be located behind the privacy/security fence out of pubilic view. 4. Utilities are compatible .with this property with the proper sewer, water and electric existing. 5. Yes. 6. Sign will. be attached to bnildmg..;,l~Jo freestanding sign will be needed. Proper security night light already costs on southwest corner of -6w7ding with ao glare to tratlic or other ..properties. `~. , 7. There is an existing front yard adjacent to existing parking area with plans to cultivate .yard for landscape improvements:' `{Rejuvenate grass and add boarder scrubs and plants against fence and front of building} General landscape improvements. 8. Yes this property is compatible eight the adjacent. properties in the district. There are .industrialized business in enYnnt operation irnd .our. business w>'A blend into surroundings without ;detection. ff yon don't known what it is you won't;know we are there. _Our operation is very inconspicuous, 4202 Baymeadows Road,. )acksonvlie Florida 32257 (9oa} 730 - 5080 r I /~ i I ~~ ' b o; q e ~ v ~e ; ~ < :h ` a a ~ o U z 2 I y ' h O ti h i h ~.: j ~ i ., ~ ie . G 1~ ` J 1 Ot: 4u D V ~1 1 ~~ ~~I Y ., i; l ~ I , , peCHfff FAV ~ ~ ~ + ^l.0' ' 1 r ' c ~ ~ ~ it ~ ~ O 7 ti, , % . ^~ .~,, ~_ sronr , : 1 ~ -SV AreraE _ I { -' ~ JJ--c: !5 ~ - ~ , J M t. 7 ~ ~~ ,, 1 t o , Fl +J" / 1 ~ AGENDA ITEn1 H8B FEBRUARY 12, 2001 III 1~'•I i 0 1 ~ i ! J ~ ~ ~ f +, 'a ~. z sroNr b i': ;, v W:4R£X(TUS£ '; u+rc:+a~ ~a a~ .Y , N[II /VY" O " "~ " ,. wi 1 . 58.4 ~~ ~/~' ~ %~ r' ,a ~J,6.Q' Gi f / VI ~ ..... ~ enhti- "k / 1..~ FI k. 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Id:: p~l M~1 ldF l'f!: 'I'%IIf MI NI119+.. .,p,;, LK;p.t{lA,gY' YJ+P 40A T51E CITY OY-h7LVrTIC -'ItGtINIC'AC $'1'hNl~fJUR nb 'I11F: 61n1'IIN'N.M;'d 15'I la+'~,:I: ,i r C'I4n1+{~"` V I Rl~dItN." _•- _ ~ ". Li •I llf'4 Mlh 'II UC. Ia.u 711 yV ANU I'I It f 'J~1'I A'f l(Y7. p ~ utJ' va ~.ia UhUC55 4(fuf CKlP JuNf J, t4BN Yl ~ \ '}!~ LC Vern uc WADS``-EJ SE aI hNel Nnri~ rPB1 _ OOF419 W. UOATWFlI .1{T~ L~'... -_-__ VU~'<E10Pi6)3fG >,CRFOd FLORIDA AEG LAND SURVk YOR No 1293 /puND<r+oN EocereaJauuaer so.+ror ~ .~QOATWRIGMT: (_ANQ SURV~YOF2S, iNC. ~yl onrE ~ICnEc AGENDA ITEM #8B FEBRUARY 12, 2001 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: ecember 19, 2000 * Note that Staffrecommendations remain the same for old business'items 4. a through 4. c. AGENDA ITEM: #4. a. Application for Vaziance to construct an addition on to an existing nonconforming residence at 448 Sailfish Drive. The applicant desires to construct an addition onto the rear of her home, however the house was originally built 2 feet from the north side property line where 7.5 feet is required. The applicant desires to construct the addition in line with the existing wall of the house, at 2 feet from the property line. The proposed addition will not encroach further into the setback than the existing building and will comply with the required rear setback of 20 feet. The applicant explained to Staff that the. interior layout of the house does not allow for the addition to be shifted southwazd to meet the required setback. By majority votes in the past, the Board has taken the position that additions onto existing nonconforming structures can be granted Variances where the applicant has met or has made all reasonable attempts to meet the required setbacks with the additions. In this case the Board must decide whether the applicant can reduce the size of the addition or relocate it to meet the setback on the side. Based upon past precedent set by the Board, Staff believes that this is not the least Vaziance necessary to allow the applicant reasonable use of her property. Staff recommends denial of this request. AGENDA ITEM: #4. b. Application for Variance to construct additions to a nonconforming commercial building and to .reduce the required parking spaces to those existing on-site. The applicant owns an existing nonconforming commercial structure. that contains ground floor retail spaces and a second floor motel The applicant desires to eliminate the motel use and convert the second floor into commercial office spaces. The site layout will be changed by the addition of an elevator on the north end of the building. The building does not meet the front, back, or the Ocean Boulevard side setback requirements. The existing second floor motel has 16 sleeping rooms requiring 16 pazking spaces. The proposed commercial offices comprise approximately 7,000 square feet of area requiring 17 parking spaces. There are ten existing parking spaces on-site with no room available for additional spaces. All of the ground floor businesses rely upon on-street parking for their customers. AGENDA ITEM #SB FEBRUARY 12, 2001 AGENDA ITEM: #5. a. Application for Use-by-Exception to operate a Cremation business at 157 Levy Road. The applicant desires to operate a cremation business in an existing structure in the ILW zoning district. The business will provide for the cremation of human remains with minimal viewing and memorial services. The applicant has proposed to provide adequate parking and esthetic improvemenYof the site and the existing buIlding. The proposed use is not listed as permitted, or permitted by exception in any zoning district. However, funeral homes are permitted in the CG district. Because of the addition of the cremation equipment it is within reason to associate the use with some of the permitted uses in the ILW district. It is Staff's belief that the operation as described by the applicant will provide a low impact use, in both traffic and city services, on a heavily used road, as well as providing an esthetic improvement in line with the newer construction closer to Main Street. Because Staff believes that the use is more closely related to uses in the ILW district and sees an opportunity to encourage the improvement of the appearance of Levy Road, Staff recommends approval of the request subject to the applicant meeting all state reguulations associated with cremation services: yrovidin~ the number of Viking spaces per 24-lbl(g)(121: and meeting the landscaping_provisions ofSection 24-177: AGENDA ITEM #SB FEBRUARY 12, 2001 Minutes of Community Development Boazd December 19, 2000 Page 3 YJ1~tiFT Mr. Worley agreed that tenants will not move in without determining how many pazking spaces they will have available to them. before they lease a space and that part will be self-regulating. Mi. Worley stated that in general, uses could be limited to a low intensity retail-type operations, but it could get to a point where such specificity becomes too cumbersome to enforce. Mr. Burkhart moved to grant the variance request. Mr. Jacobson seconded the motion, which passed by unanimous vote. Mr. Jacobson thanked Staff for a fine analysis of a very complex issue. c. Application for Variance £led by S. Brett Hammond to construct a swimming pool and addition to existing nonconforming property located at 2348 Seminole Reach Drive. Mr. Worley stated that Mr. Hammond had not submitted a revision at this time. Mr. Worley requested that the Boazd defer this item until such time as Mr. Hammond submits a revised application. 5. New Business a. Application for Use by Exception filed by G B & M Enterprises to operate a crematory business at 157 Levy Road. Mr. James Hughey introduced himself to the Board and' stated that he would like to request muse-by- exception to run a crematory. Ms. Pilhnore asked Mr. Hughey how the public would know what type, of business he would be operating. Mr. Hughey stated that by state statute they aze required to post a 2' x 3' sign on the exterior of the building to identify the building. and the licensed director in charge of that facility. There is a privacy fence that encompasses approximately 2900 square feet of interior pazking fot four vehicles. The machines used for this operation are environmental friendly and require permits from the Department of Environmental Protection. The machines cannot be heard and nothing can be seen. In addition, the machines have six safety features and six baffles in each machine that incinerate its own by-products. The only time an odor or emission could possibly occur would be by operator error. However, all the operators must be licensed. Mr. Frohwein asked Mr. Hughey how he would receive deliveries. Mr. Hughey responded that he has a retail office in Mandarin so there will be no retail traffic at this location. Vehicles would be un- loaded within the building. In addition, only cremations will be performed at this location, no funerals. Mrs. Walker asked Mr. Worley if this was a permitted business in the II,W district. Mr. Worley responded that, in his opinion, yes, it is a form of processing. He believed that it was not the type of operation fitting into the character of the commerciaVgeneral district because the tendency is toward professional office space or retail space. However, it is a type of opezation that is done behind closed doors in a closed facility with very little direct public contact and would be appropriate in the ILW district. Ms. Walker asked Mr. Hughey about security. Mr. Hughey stated that there will be a security system in the building. On the exterior by the gazage door will be a six-foot chain link fence with atwo-foot bazbwire extension. Immediately adjacent to the building will be chain link fence in front of the AGENDA ITEM #8B FEBRUARY 12, 2001 Minutes of Community Development Boazd December 19, 2000 Page 4 DRAFT garage door. This will allow them to open the garage door during the day in the summer but still allow them to secure the building within the chain link fence. At night the garage door will be shut and locked. The one window will be filled in with expansion metal to secure the window. There will only be two doors into the building, the front'door and the back garage door.. The security company they will use is Century Security. In high profile cremations, the building will be manned at night. In addition, on Halloween night the building is manned all night. The crematory business will be run from 7:30 a.m. to 6:00 p.m. The crematories will run cycles of either 1 hour and 45 minutes on up to 2 hours and 20 minutes and operate a total of three cycles per day. Mr. Burkhart moved that we forward this application to the City Council for approval. Mr. Gulliford seconds. Mr. Worley'asked if it was the intent of the motion to include Staffs recommendation Mr. Burkhart amended the motion to include the required number of parking spaces and the landscaping provisions as specified in Staff's Report Agenda Item #S.a. Mr. Gulliford seconded and the motion passed by unanimous vote. 6. Reports and Announcements Mr. Worley advised the Board that the City Commission would like to hold another workshop with regazd to zoning codes at 5:00 p.m. on January 8, 2000. Ms. Pilhnore advised that at the last Commission meeting she was replaced by Karl Grunewald, the former Code Enforcement Officer. Ms. Pillmore hoped that the Boazd would welcome him and knows that he will be a very strong Boazd member: In addition, Ms. Pilhnore stated that Mr. Gulliford was the person responsible for her becoming a Board member. Mr. Gulliford complimented Ms. Pillmore for having "stepped up to the plate" and for being conscientious and responsible. Mr. Frohwein thanked Ms. Pilhnore for her yeazs of service. 7. Adiournment There being no other business or discussion, the meeting was adjourned at 8:45 p.m. SIGNED ATTEST